Allahabad High Court
Bal Krishna Mishra vs Smt. Tahseen Bano And 3 Others on 22 May, 2024
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:93760
Court No. - 9
Case :- FIRST APPEAL FROM ORDER No. - 703 of 2024
Appellant :- Bal Krishna Mishra
Respondent :- Smt. Tahseen Bano And 3 Others
Counsel for Appellant :- Satya Deo Ojha
Counsel for Respondent :- Mohd. Asim Zulfiquar,Pawan Kumar Singh
Hon'ble Vipin Chandra Dixit,J.
This first appeal from order has been filed by appellant-owner of the vehicle against the judgment and award dated 20.10.2022, passed by the Presiding Officer, Motor Accident Claims Tribunal, Kaushambi, in Motor Accident Claim Petition No.134 of 2015(Smt. Tehseen Bano & others vs. Bal Krishna Mishra), by which compensation of Rs.6,62,000/- along with 7% annual simple interest has been awarded to the claimants-respondents.
Heard Sri S.D. Ojha, learned counsel for the appellant and Mr. Mohd. Asim Zulfiquar, learned counsel for claimants-respondent Nos. 1 to 4 and Sri Pawan Kumar Singh, learned counsel appearing for respondent no.5-Insurance Company. Perused the record.
It is submitted by learned counsel for the appellant that the Claims Tribunal has erred in awarding compensation in favour of claimants-respondents and liability has been fixed upon the appellant being owner of Tata Safari bearing No. UP 96 B-5151. The claimants had failed to prove the involvement of Tata Safari in the accident. The Investigating Officer after due investigation has found that the vehicle of the appellant was not involved in the accident and has submitted final report. The vehicle of appellant was duly insured with Oriental Insurance Company Limited and driving licence of driver was also valid and effective on the date of accident but since involvement of vehicle was denied by the appellant before the Claims Tribunal, relevant papers could not be filed by the learned counsel for the appellant. Lastly, it is submitted that since the vehicle of the appellant was duly insured with the Oriental Insurance Company Limited and all the papers were valid and effective on the date of accident, only Insurance company is liable to pay compensation and the Claims Tribunal has committed illegality in fixing the liability upon the appellant being owner of the vehicle.
The claimants have not impleaded the insurance company as a party in the Claim petition. The Oriental Insurance Company Limited was impleaded as respondent no.5 in this appeal, as the impleadment application filed by the appellant was allowed vide order dated 25.4.2024. Sri Pawan Kumar Singh, learned counsel who is appearing on behalf of newly impleaded respondent no.5 Oriental Insurance Company Limited was directed by this Court vide order dated 8.5.2024 to verify the insurance policy. Sri Pawan Kumar Singh, on the basis of instructions received by him has submitted that Tata Safari of the appellant was insured with the Oriental Insurance Company on the date of accident but since the insurance company was not impleaded in the claim petition, no opportunity of hearing has been provided to the insurance company to contest the claim petition.
Since the vehicle of appellant was duly insured with respondent no.5-Oriental Insurance Company Limited on the date of accident, liability has wrongly been fixed by the claims Tribunal upon the appellant. The Oriental Insurance Company Limited being insurer of the vehicle, is liable to pay compensation to the claimants.
Learned counsel for the claimants-respondents submits that the claim petition was filed in the year 2015 and since then the claimants are deprived from receiving compensation.
In view of above, the First Appeal From Order is allowed and the judgment and award of Claims Tribunal dated 20.10.2022 is hereby set aside. The matter is remanded back to the concerned Claims Tribunal to decide the claim petition as fresh. Claimants are directed to implead the Oriental Insurance Company Limited as opposite party no.2 in the claim petition by filing proper impleadment application before the Claims Tribunal within a period of two weeks from today.
The statutory amount of Rs.25000/- deposited by the appellant before this Court is remitted back to the Claims Tribunal and shall be paid to the appellant without furnishing any surety.
The Claims Tribunal is requested to decide the claim petition no. 134 of 2015(Smt. Tehseen Bano and others vs. Bal Krishna Mishra) expeditiously in accordance with law, preferably within a period of six months from the date of production of certified copy of this order after affording opportunity of hearing to all the parties concerned and without granting unnecessary adjournment unless there is any legal impediment.
Order Date :- 22.5.2024/P.P.
